Lawyers are Preparing to Fight Government on Caps

Photo credit: Province Newspaper

Mike Smyth, Province Columnist, on April 28th interviews both Ron Nairne, Partner of Giusti Nairne Personal Injury Lawyers/Vice President of the Trials Lawyers of BC and Heather Divine, founder of People in Pain Network regarding David Eby’s announcement about BC introducing a series of bills in the legislature to drastically overhaul ICBC’s claims process and save the money-losing Crown corporation more than $1 billion a year at the expense of anyone injured in a car crash due to the carelessness of another driver.

It includes a cap of $5,500 on pain-and-suffering awards to people who suffer “minor” injuries in motor-vehicle accidents. The definition of what is minor makes little sense, as it appears to exclude someone with a broken toe, but captures a person who is depressed, has PTSD, fibromyalgia or chronic pain.

The government is also diverting most ICBC claims – those valued at $50,000 and under – out of the Supreme Court of B.C. and into Civil Resolution Tribunals, unlike anywhere else in Canada.

Unlike Courts, the Civil Resolution Tribunal may not be seen to be impartial because appointees are only appointed for a short time. Further, the government anticipates that while an adjuster will argue ICBC’s case, most claimants will have to fight complex legal issues without the help of representation.

The proposed changes will not proceed without a fight from car-crash victims, and the personal-injury lawyers that represent them.

Sunshine Coast Office

Thank you for the professional and cordial way in which you and your associates represented me through a very challenging, difficult and unusual case.The way in which this case unfolded to the final day at the settlement was nothing short of outstanding representation both in the office, on the phone and finally in the settlement meeting.Your ability to always be there for me when I need to talk was so important and you always had a calming way to make the matter at hand better.I wish you all the best in your future endeavours with your company and future cases no matter the difficulty they may be.- Sandra

Adelina Garcea

04:48 16 Mar 18

I was and am extremely happy with the way Mr. Matthew Burtini and his staff handled my case. They kept me posted as to what was happening every step of the way. Their professional manners made me feel very confident and comfortable. I would highly recommend their firm of Giusti and Nairne.

George Econ

20:07 14 Mar 18

GIUSTI NAIRNE is the ONLY name you need to know if you've ever been injured in an accident. After being taken advantage of in the past from ICBC, I vowed to never deal with those vultures again without proper representation. Romano and his team are truly the best and really helped me get through a stressful situation at a difficult time in my life. Being represented by Matthew Burtini from this firm is literally like having your own personal guardian. He takes care of EVERYTHING. it doesn't matter how small my injury was or how bad yours could be, they treat everyone the same...with respect and dignity. Words cannot express how grateful we are to have Matthew from GIUSTI NAIRNE represent us. I hope I never have to deal with ICBC again due to an accident or injury but if I do, I know exactly who to call.

Jas Riar

20:52 22 Dec 17

I got into a motor vehicle accident a couple years ago and was referred to Mr. Ronald Nairne from a friend. Ron and his team have been incredible through out the entire process and have always kept me in the loop regarding my case. They have represented me to icbc and took all the hassle away from having to deal with them at all. I give their firm 5 stars and will continue to send all my friends and family to them as they have been very easy to deal with and my settlement was more than fair. Thanks to Ron and the entire team!